Police General Orders Chapter 35: Mendicants, Destitutes and Missing Persons

The request was refused by 香港警務處 支援部.

Dear Hong Kong Police Force Support Wing,

Please send me a copy of the above PGO.

Thanks!

Yours faithfully,

Dr Brian King

香港警務處 支援部

Dear Dr Brian King,

I refer to your application for access to information dated 2018-12-06.

We are processing your application and will reply to you in due course.
 Thank you.

Ms Winnie TAI
(for Commissioner of Police)

*** This e-mail message (together with any attachments) is for the
designated recipient only. It may contain information that is privileged.
If you are not the intended recipient, you are hereby notified that any
use, retention, disclosure, copying, printing, forwarding or dissemination
of the message is strictly prohibited. If you have received the message in
error, please erase all copies of the message (including attachments) from
your system and notify the sender immediately. ***
*** 此電郵訊息(連同任何附件)只發送給指定收件人。訊息可能包含享有特權資料。
謹此通知,如你並非預定收件人,嚴禁使用、保留、披露、複製、列印、轉發或發布
此訊息。如收到誤發的訊息,請把訊息的所有副本(包括附件)從系統內清除,並立即
通知發件人。***

show quoted sections

香港警務處 支援部

Dear Dr Brian King,
Please be informed that your application for access to Police General
Orders 35 'Mendicants, Destitutes and Missing Persons' is refused.  The
following section of Part 2 of the Code on Access to Information (the
Code) is relevant.

(2.6 e) Information the disclosure of which would harm or prejudice the
prevention, investigation and detection of crime and offences, the
apprehension or prosecution of offenders, or the security of any detention
facility or prison.

Should you believe this Department has failed to comply with any provision
of the Code, you may ask the Department to review the situation or file a
complaint to the Ombudsman.

Ms Winnie TAI
(for Commissioner of Police)

*** This e-mail message (together with any attachments) is for the
designated recipient only. It may contain information that is privileged.
If you are not the intended recipient, you are hereby notified that any
use, retention, disclosure, copying, printing, forwarding or dissemination
of the message is strictly prohibited. If you have received the message in
error, please erase all copies of the message (including attachments) from
your system and notify the sender immediately. ***
*** 此電郵訊息(連同任何附件)只發送給指定收件人。訊息可能包含享有特權資料。
謹此通知,如你並非預定收件人,嚴禁使用、保留、披露、複製、列印、轉發或發布
此訊息。如收到誤發的訊息,請把訊息的所有副本(包括附件)從系統內清除,並立即
通知發件人。***

eo-support/SUPPORT/STATION/POLICE/HKSARG To: [FOI #332 email]
2018/12/13 12:00 Cc:
  Subject: Fw: Freedom of Information request -
Police General Orders Chapter 35:
Reference: Mendicants, Destitutes and Missing
Persons

show quoted sections

Dear Hong Kong Police Force Support Wing,

Please send me a copy of the above PGO.

Thanks!

Yours faithfully,

Dr Brian King

-------------------------------------------------------------------

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:
[FOI #332 email]

Is [Hong Kong Police Force Support Wing request email] the wrong address for Freedom of Information
requests to Hong Kong Police Force Support Wing? If so, please contact us
using this form:
[1]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. https://accessinfo.hk/en/change_request/...
2. https://accessinfo.hk/en/help/officers

Dear Hong Kong Police Force Support Wing,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Hong Kong Police Force Support Wing's handling of my FOI request 'Police General Orders Chapter 35: Mendicants, Destitutes and Missing Persons'.

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]

See https://www.access.gov.hk/filemanager/co...

and the following sections quoted from this LegCo document:
https://www.legco.gov.hk/research-public...

2.3 With a few exceptions, the withholding of information is subject to a
harm or prejudice test. Public authorities have to consider whether the
public interest in disclosure outweighs any harm or prejudice that could result
from disclosure.7
If there is overriding public interest in disclosure, the public
authority concerned may disclose information notwithstanding the exemption
provisions. Nevertheless, according to the Guidelines, public authorities do
not need to prove in any particular case that harm or prejudice would result
from disclosure of particular information. It is already sufficient if there is a
risk or reasonable expectation of harm in the circumstances.

2.4 If a public authority decides to refuse to provide the requested
information in full or in part, it must inform the requestor of the reasons for
refusal by referring to the relevant exemption provision(s) under the Code.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://accessinfo.hk/en/request/police_...

Yours faithfully,

Dr Brian King

香港警務處 支援部

Dear Dr Brian King,

Our department has received your review request for access to information
on 2019-12-03.  Your request is now under processing.  According to
paragraph 1.16 of the Code on Access to Information, our department will
inform you of the latest progress of the case separately on or before
2019-12-23.  In the meantime, please contact me at 2860 2124 if you have
any enquiry.

Ms Winnie TAI
(for Commissioner of Police)

*** This e-mail message (together with any attachments) is for the
designated recipient only. It may contain information that is privileged.
If you are not the intended recipient, you are hereby notified that any
use, retention, disclosure, copying, printing, forwarding or dissemination
of the message is strictly prohibited. If you have received the message in
error, please erase all copies of the message (including attachments) from
your system and notify the sender immediately. ***
*** 此電郵訊息(連同任何附件)只發送給指定收件人。訊息可能包含享有特權資料。
謹此通知,如你並非預定收件人,嚴禁使用、保留、披露、複製、列印、轉發或發布
此訊息。如收到誤發的訊息,請把訊息的所有副本(包括附件)從系統內清除,並立即
通知發件人。***

show quoted sections

香港警務處 支援部

Dear Dr Brian King,

Our department has received your review request for access to information
on 2019-12-03 and an interim reply was issued to you on 2019-12-12.  Your
request is still under processing.  According to paragraph 1.18 of the
Code on Access to Information, our department will inform you of the
latest progress of the case separately on or before 2020-01-22.  In the
meantime, please contact me at 2860 2124 if you have any enquiry.

Ms Winnie TAI
(for Commissioner of Police)

*** This e-mail message (together with any attachments) is for the
designated recipient only. It may contain information that is privileged.
If you are not the intended recipient, you are hereby notified that any
use, retention, disclosure, copying, printing, forwarding or dissemination
of the message is strictly prohibited. If you have received the message in
error, please erase all copies of the message (including attachments) from
your system and notify the sender immediately. ***
*** 此電郵訊息(連同任何附件)只發送給指定收件人。訊息可能包含享有特權資料。
謹此通知,如你並非預定收件人,嚴禁使用、保留、披露、複製、列印、轉發或發布
此訊息。如收到誤發的訊息,請把訊息的所有副本(包括附件)從系統內清除,並立即
通知發件人。***

eo-support/SUPPORT/STATION/POLICE/HKSARG To: [FOI #332 email]
2019/12/12 18:06 Cc:
  Subject: Fw: Internal review of Freedom of
Information request - Police General
Reference: Orders Chapter 35: Mendicants,
Destitutes and Missing Persons

show quoted sections

Dear Hong Kong Police Force Support Wing,

Please pass this on to the person who conducts Freedom of Information
reviews.

I am writing to request an internal review of Hong Kong Police Force
Support Wing's handling of my FOI request 'Police General Orders Chapter
35: Mendicants, Destitutes and Missing Persons'.

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]

See
[1]https://www.access.gov.hk/filemanager/co...

and the following sections quoted from this LegCo document:
[2]https://www.legco.gov.hk/research-public...

2.3 With a few exceptions, the withholding of information is subject to a
harm or prejudice test. Public authorities have to consider whether the
public interest in disclosure outweighs any harm or prejudice that could
result
from disclosure.7
If there is overriding public interest in disclosure, the public
authority concerned may disclose information notwithstanding the exemption
provisions. Nevertheless, according to the Guidelines, public authorities
do
not need to prove in any particular case that harm or prejudice would
result
from disclosure of particular information. It is already sufficient if
there is a
risk or reasonable expectation of harm in the circumstances.

2.4 If a public authority decides to refuse to provide the requested
information in full or in part, it must inform the requestor of the
reasons for
refusal by referring to the relevant exemption provision(s) under the
Code.

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[3]https://accessinfo.hk/en/request/police_...

Yours faithfully,

Dr Brian King

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #332 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. https://www.access.gov.hk/filemanager/co...
2. https://www.legco.gov.hk/research-public...
3. https://accessinfo.hk/en/request/police_...
4. https://accessinfo.hk/en/help/officers

香港警務處 支援部

Dear Dr Brian King,

On 2018-12-06, you requested vide email to obtain from the Hong Kong
Police Force a copy of Police General Orders ("PGO") 35 ‘Mendicants,
Destitutes and Missing Persons’ under the Code on Access to Information
(“the Code”).  We have responded vide email on 2018-12-24 on our earlier
decision of not disclosing the requested information.  On 2019-12-03, we
received your email request to seek a review of that decision.

Please be informed that your request for review had been carefully
considered in accordance with the Guidelines on Interpretation and
Application on the Code.  Having considered the grounds for review
advanced by you and the nature of PGO 35 involves the operational details
and procedures on the handling of mendicants, destitutes and missing
persons, the Reviewing Officer decided that the earlier decision should be
maintained, i.e. the information you requested cannot be disclosed in
accordance with Part 2 of the Code paragraph 2.6(e) "Information the
disclosure of which would harm or prejudice the prevention, investigation
and detection of crime and offences, the apprehension or prosecution of
offenders”.
If you believe that the HKPF has failed to properly apply any provision of
the Code, you may wish to complain to the Ombudsman at the following
address -

The Ombudsman
30/F, China Merchants Tower,
Shun Tak Centre,
168-200 Connaught Road Central,
Hong Kong
Telephone: (852) 2629 0555
Fax: (852) 2882 8149

Thank you for your kind attention.

Ms Winnie TAI
(for Commissioner of Police)

*** This e-mail message (together with any attachments) is for the
designated recipient only. It may contain information that is privileged.
If you are not the intended recipient, you are hereby notified that any
use, retention, disclosure, copying, printing, forwarding or dissemination
of the message is strictly prohibited. If you have received the message in
error, please erase all copies of the message (including attachments) from
your system and notify the sender immediately. ***
*** 此電郵訊息(連同任何附件)只發送給指定收件人。訊息可能包含享有特權資料。
謹此通知,如你並非預定收件人,嚴禁使用、保留、披露、複製、列印、轉發或發布
此訊息。如收到誤發的訊息,請把訊息的所有副本(包括附件)從系統內清除,並立即
通知發件人。***

eo-support/SUPPORT/STATION/POLICE/HKSARG To: [FOI #332 email]
2019/12/23 16:53 Cc:
  Subject: Re: Fw: Internal review of Freedom of
Information request - Police General
Reference: Orders Chapter 35: Mendicants,
Destitutes and Missing Persons

show quoted sections

Dear Dr Brian King,

Our department has received your review request for access to information
on 2019-12-03.  Your request is now under processing.  According to
paragraph 1.16 of the Code on Access to Information, our department will
inform you of the latest progress of the case separately on or before
2019-12-23.  In the meantime, please contact me at 2860 2124 if you have
any enquiry.

Ms Winnie TAI
(for Commissioner of Police)

*** This e-mail message (together with any attachments) is for the
designated recipient only. It may contain information that is privileged.
If you are not the intended recipient, you are hereby notified that any
use, retention, disclosure, copying, printing, forwarding or dissemination
of the message is strictly prohibited. If you have received the message in
error, please erase all copies of the message (including attachments) from
your system and notify the sender immediately. ***
*** 此電郵訊息(連同任何附件)只發送給指定收件人。訊息可能包含享有特權資料。
謹此通知,如你並非預定收件人,嚴禁使用、保留、披露、複製、列印、轉發或發布
此訊息。如收到誤發的訊息,請把訊息的所有副本(包括附件)從系統內清除,並立即
通知發件人。***

show quoted sections